1A3FA1F1E8827E9E87258582000CCB53 Hearing Summary

Senator Fenberg, bill sponsor, presented House Bill 20-1290.  The bill requires that an insurer meet certain conditions before a failure-to-cooperate defense can be pleaded or proven in an action concerning an insurance policy providing first-party benefits or coverage.  The conditions include what must be included in a written request and the timeframe for a response.  The insurer must prove that it cannot proceed with its investigation without the information from the insured, is entitled to the information, and cannot attain the information from another source.  The insurer is also required to give the insured an opportunity to cure, which must include giving the insured written notice of the alleged failure-to-cooperate and allow the insured 60 days after receipt of the written notice to cure the alleged failure-to-cooperate.  The existence of a duty to cooperate in a policy does not relieve the insurer of its duty to investigate and any language in a policy that conflicts with this bill is void.

Written testimony submitted for House Bill 20-1290 may be found in Attachment B.